The Blog

Members who employ pipefitters and refrigeration technicians should be aware that changes have been made to the regulations for licensure that will add additional education hours to the licensure requirement for these trades effective 11/26.  These changes are included in the new version of the regulations, 528 CMR 11, that has been posted on the website of the Bureau of Pipefitters, Refrigeration Technicians and Sprinkler fitters. 

ABC did not advocate for these changes and is looking into the background behind them.  Just last week, Governor Healey announced that her administration is eliminating a series of regulations under the Office of Consumer Affairs and Business Regulation, which oversees licensing, for the purpose of saving businesses time and money and enhancing the state’s competitiveness.  ABC will ask the Governor to review these increases in pipefitter and refrigeration schooling, which clearly runs counter to these goals. 

The changes are scheduled to take effective as of 11/9/2026.  Please click the link to review the updated regulations 528 CMR 11.

ABC’s Gould Construction Institute issued the information below to students in these trades.

If you are preparing to take your exam after November 9, 2026, please plan accordingly as you may need to continue with your school hours and register for class in September to obtain the total number of educational hours needed based on these new changes.  

The program requirements are summarized below based on the timing of when you expect to sit for your exam.

Unrestricted Pipefitting Journeyman License Requirements

(Prior to November 9, 2026)

High School Diploma or state equivalency certificate

• 350 classroom hours (ASME)
• 6,000 field hours obtained on the job
• Two different cards must be obtained prior to the start of school.  Apprentices MUST apply for an apprentice license through the Bureau of pipefitters, Refrigeration Technicians and Sprinkler fitters AND register as an apprentice through the Division of Apprenticeship Standards.

(On or after November 9, 2026)

• High School Diploma or state equivalency certificate

• 450 classroom hours (ASME) – New!
• 6,000 field hours obtained on the job
• Two different cards must be obtained prior to the start of school.  Apprentices MUST apply for an apprentice license through the Bureau of pipefitters, Refrigeration Technicians and Sprinkler fitters AND register as an apprentice through the Division of Apprenticeship Standards.

Exception: the Bureau may, in its discretion, accept applications meeting requirements effective prior to November 9, 2026 for individuals who suffered from a relevant, documented hardship. However, no such waivers shall be granted on or after May 10, 2027.

Refrigeration/Air Technician License Requirements

(Prior to November 9, 2026)

• High School Diploma or state equivalency certificate
• 100 Refrigeration Theory classroom hours
• 150 Electrical Code classroom hours
• EPA Section 608 Universal certification
• 6,000 field hours obtained on the job
• Two different cards must be obtained prior to the start of school.  Apprentices MUST apply for an apprentice license through the Bureau of pipefitters, Refrigeration Technicians and Sprinkler fitters AND register as an apprentice through the Division of Apprenticeship Standards

(On or after November 9, 2026)

• High School Diploma or state equivalency certificate
• 300 Refrigeration Theory classroom hours - New!
• 150 Electrical Code classroom hours
• EPA Section 608 Universal certification
• 6,000 field hours obtained on the job
• Two different cards must be obtained prior to the start of school.  Apprentices MUST apply for an apprentice license through the Bureau of pipefitters, Refrigeration Technicians and Sprinkler fitters AND register as an apprentice through the Division of Apprenticeship Standards

Exception: the Bureau may, in its discretion, accept applications meeting requirements effective prior to November 9, 2026 for individuals who suffered from a relevant, documented hardship. However, no such waivers shall be granted on or after May 10, 2027.

If you have any questions on these requirements, please do not hesitate to reach out to anyone on the GCI team. 

Firm’s client accused of breach of fiduciary duty, conversion and breach of contract; lawsuit requested equitable relief and damages

Following four-and-a-half years of litigation, including jury and bench trials, Jon Friedmann, Eric Walz, and Casey Sack secured a complete victory for the firm’s client in the Business Litigation Session of Suffolk County Superior Court. The Rudolph Friedmann trial team won on all counts before the jury, defeated all claims before the judge, and prevailed on the client’s counterclaim for indemnification.

The case involved an executive-level employee who left her employer to start her own business and was sued by her former employer. The employee, represented by RF, was also a Trustee of her former employer’s insurance trust and was accused of breach of fiduciary duty, conversion, and/or breach of contract. Her former employer also sought equitable relief for disgorgement of profits and treble damages under 93A. The firm’s client filed a counterclaim for indemnification.

After nearly three weeks of testimony in the November 2024 jury trial, during which the firm presented substantial evidence that the allegations were untrue and the funds subject to the alleged misappropriation were well-documented and lawful, the jury deliberated for less than one day and returned a unanimous verdict for the firm’s client on all counts.

The court reserved the plaintiffs’ requests for equitable relief and damages under M.G.L. c. 93A to itself and a bench trial was held on April 16, 2025. At the conclusion of the case, the judge ruled against the plaintiffs and for the firm’s client on both claims. The court also ruled the firm’s client prevailed on her claim for indemnification and is entitled to attorney’s fees in connection with all claims brought against her.

Massachusetts Lawyers Weekly spoke with Jon Friedmann about the case. Jon noted that the decision is important because indemnification agreements in corporate documents are often overlooked. “The ruling helps clarify indemnification rights and also helps clarify when [alternative remedies like disgorgement] are appropriate.”

Given the time and resources all our ABC member companies devote to workforce development, I didn’t want to let National Apprenticeship Day on April 30 pass without noting the work of ABC MA in support of our collective efforts. 

It’s gratifying to see so many people appreciate the benefits of apprenticeship.  The Healey administration and the legislature have increased state support for it. While we applaud them for this, we continue to press on the critical need for ratio reform so we can expand apprentice employment and continue to evolve with the times.  

Last year marked the 10^th anniversary of National Apprenticeship Week, and it included   over 2,500 events and proclamations across all 50 states showcasing the value of apprenticeship as a way to create pathways into in-demand jobs and develop a highly skilled workforce to meet industry needs and strengthen the economy. This year, the U.S. Department of Labor moved the observance to the Spring with a one-day event and beginning next year it will again be a week-long celebration.

ABC MA works in tandem with our education and workforce affiliates the Gould Construction Institute and Building Mass Careers to support an ongoing apprenticeship pipeline for our member firms.  Our members, in turn, know the value of apprenticeship.  You are the reason why GCI now educates over 1,100 students each year and has a new training facility to provide state-of-the art hands-on training.

Our new non-profit Building Mass Careers works with GCI to meet your workforce development needs.  BMC attends career fairs and provides pre-apprenticeship training with funding awarded through competitive grants.  We’re launching a new Capstone program that will bring interested high school students to GCI’s new Billerica facility each spring to introduce them to construction and expose them to all the vast opportunities available within the trades.

Construction offers careers and tremendous opportunities with competitive family-sustaining wages and without the burden of endless college debt.  Apprenticeship is how we make this happen.  I am excited to see how ABC MA, GCI and BMC can further develop and expand our support of members in apprenticeship and workforce development.  Let’s take a moment to commit to building on our success as we salute the apprentices who are the future of our companies and industry!

The national March 2025 not seasonally adjusted construction unemployment rate was 5.4%, unchanged from March 2024, according to a state-by-state analysis of U.S. Bureau of Labor Statistics data released by Associated Builders and Contractors. The analysis found that 19 states had lower estimated construction unemployment rates over the same period, 25 had higher rates and six states had the same rates. All states except for Connecticut, Maine, New Jersey and Rhode Island had construction unemployment rates below 10%.

National NSA payroll construction employment was 140,000 higher than March 2024. As of March 2025, SA payroll construction employment was 703,000, or 9.2%, above its pre-pandemic peak of 7.6 million.

 

Estimated state construction unemployment rates were lower than their pre-pandemic level in much of the country. As of March 2025, 30 states had lower construction unemployment rates compared to March 2019 and 17 states had higher rates, while Alabama, Florida and Minnesota had the same rate.

Estimated state construction unemployment rates were lower than their pre-pandemic level in much of the country. As of March 2025, 30 states had lower construction unemployment rates compared to March 2019 and 17 states had higher rates, while Alabama, Florida and Minnesota had the same rate.

“Although March state construction unemployment rates show a relatively healthy level of construction employment, rising uncertainty about the business climate over the remainder of this year and 2026 is weighing on contractor and developer plans,” said Bernard Markstein, president and chief economist of Markstein Advisors, who conducted the analysis for ABC. “Confusion surrounding tariffs and their impact on building materials prices has increased the level of uncertainty. This is on top of continued elevated interest rates and higher labor costs. These concerns are stoking fears of a major economic slowdown and the possibility of a recession. For now, most of the construction industry is slowing or temporarily halting hiring workers as they seek greater clarity as to where the economy is headed.”

Recent Month-to-Month Fluctuations

In March, the national NSA construction unemployment rate dropped 1.8% from February as the weather improved in much of the country. All but two states (Louisiana and Mississippi) had lower estimated construction unemployment rates than in February.

The Top States

The five states with the lowest estimated NSA construction unemployment rates for March were:

1. South Dakota, 1.9%
2. Oklahoma, 2.3%
3. New Hampshire, 2.8%
4. West Virginia, 3.1%
5. Florida, 3.2%

South Dakota, Oklahoma and West Virginia all notched their lowest March NSA estimated construction unemployment rate on record. New Hampshire had its second-lowest March rate on record. Florida had its third-lowest March unemployment rate on record, behind its March rates in 2023 and 2024 (2.7% and 2.8%, respectively).

The Bottom States

The five states with the highest March estimated NSA construction unemployment rates were:

46. Minnesota, 9.8%
47. Connecticut, 10.0%
48. Maine, 10.2%
49. New Jersey, 12.2%
50. Rhode Island, 16.0%

Rhode Island, Connecticut and Minnesota had the second, third and fourth largest reduction in their monthly NSA estimated construction unemployment rates, respectively, among the states, behind Montana.

The construction industry added 11,000 jobs in April, according to an Associated Builders and Contractors analysis of U.S. Bureau of Labor Statistics data. On a year-over-year basis, industry employment has grown by 143,000 jobs, an increase of 1.7%.

Nonresidential construction employment increased by 8,000 positions on net, with growth in 2 of the 3 subcategories. Nonresidential specialty trade added the most jobs, increasing by 4,900 positions, while nonresidential building added 3,600 jobs. Heavy and civil engineering lost 500 positions for the month.

The construction unemployment rate rose to 5.6%, while unemployment across all industries remained unchanged at 4.2% in April.

“The construction industry added a perfectly acceptable 11,000 jobs in April,” said ABC Chief Economist Anirban Basu. “Despite weak construction spending data for March and several economic headwinds, including high interest rates, tight lending standards and trade policy uncertainty, backlog remains sufficiently elevated to keep industry employment growing for the time being.

“That said, April is likely the last month of economic data largely unaffected by tariffs and tariff-related uncertainty,” said Basu. “The reference period for today’s jobs report is the pay period through April 12, which may exclude staffing decisions, or project cancelations or delays, related to recent trade policy developments. While the economic outlook has worsened in recent weeks, it remains unclear how the economy will respond in the coming months. For now, contractors remain broadly optimistic, according to ABC’s Construction Confidence Index, and industrywide staffing levels continue to expand.”

Construction input prices increased 0.5% in March, according to an Associated Builders and Contractors analysis of U.S. Bureau of Labor Statistics’ Producer Price Index data. Nonresidential construction input prices increased 0.6% for the month.

Both overall and nonresidential construction input prices are 0.8% higher than one year ago. While crude petroleum prices fell considerably in March, that decline was more than offset by rapidly rising natural gas, steel, copper and lumber prices.

“Construction input prices increased at a rapid pace for the third consecutive month in March and have now risen at a 9.7% annualized rate through the first quarter of 2025,” said ABC Chief Economist Anirban Basu. “The emerging effects of tariffs are glaring in the March data release, with iron and steel, steel mill products and copper wire and cable prices all rising more than 5% for the month. While contractors remain busy for the time being, according to ABC’s Construction Backlog Indicator, this pace of input price escalation, coupled with rising uncertainty, will cause projects to be delayed and canceled if it persists for any meaningful length of time.”

The construction industry added 13,000 jobs on net in March, according to an Associated Builders and Contractors analysis of U.S. Bureau of Labor Statistics data. On a year-over-year basis, industry employment has risen by a mere 143,000 jobs, an increase of 1.8%. 

Nonresidential construction employment increased by 22,300 positions on net in March, with growth in 2 of the 3 subsegments. Nonresidential specialty trade added the most jobs, with a monthly increase of 19,300 positions, while heavy and civil engineering added 3,400 jobs. The nonresidential building subsegment lost 400 positions.

The construction unemployment rate decreased to 5.4% in March and is unchanged from one year ago. Unemployment across all industries rose from 4.1% in February to 4.2% last month.

“At first glance, this is a perfectly fine jobs report for the construction industry,” said ABC Chief Economist Anirban Basu. “The details, however, give cause for concern. With downward revisions to the January and February numbers, the industry added just 8,000 jobs per month during the first quarter of 2025. Construction employment is up just 1.8% since March 2024, the slowest year-over-year growth in four years.

“March’s labor market data is a lesser concern in light of the sweeping tariffs announced on April 2,” said Basu. “What amounts to the largest tax hike since 1968 will reduce construction activity due to rising input costs, shaken business confidence and potentially higher-for-longer interest rates. While contractors were sanguine about the outlook as of last month, according to ABC’s Construction Confidence Index, industry expectations are likely to worsen in the coming months.”

By Luiza Mills, Interstate Electrical Services Corporation

Associated Builders and Contractors of Massachusetts has enjoyed a good relationship with Governor Maura Healey. So we were taken aback last month when, at the Massachusetts Building Trades Convention, the Governor announced an executive order calling on state agencies to conduct an analysis “to determine whether using a PLA [project labor agreement] is in the best interest of the Commonwealth or agency” for all projects valued at $35 million and above.

Since that time, state trade unions have been claiming PLAs don’t require union labor.  However, the language included in Massachusetts PLAs is clear: “The Contractor recognizes the union as the sole and exclusive bargaining representative of all craft employees working within the scope of this agreement.”

That means they exclude the 83.4 percent of Massachusetts construction workers who choose not to join a union, according to U.S. Bureau of Labor Statistics data analyzed by unionstats.com.

The work of ABC member employees is reviewed through the same Division of Capital Asset Management and Maintenance certification and local prequalification processes as that of union workers.  ABC member craftspeople in licensed trades pass the same state licensing exams.  The record also shows that member contractors and other open-shop firms routinely work alongside their union counterparts in harmony and without incident on projects valued at $35 million and over. 

The impact of excluding over 80 percent of the workforce is simple – less competition.  That translates to fewer bidders and higher costs.  This was reflected at the West Parish Water Treatment Plant.  The Springfield Water and Sewer Commission first bid the project under a PLA.  But when it was re-bid after a Springfield Superior Court Judge enjoined the PLA, the electrical bid alone saved $15.5 million.

Perhaps Judge Michael Callan’s ruling in that case summarized it best: “The decision concludes: “Finally, the public interest is manifest.  The public benefits from an open, fair, competitive and robust bidding process.  The PLA requirement unnecessarily curtails this without legal justification.” 

ABC has met with Governor Healey to express concerns over what PLAs mean for our members and the Commonwealth.  ABC will increase our advocacy for fair and open bidding and pursue continued options to combat PLAs.  We do this knowing that, beyond supporting our members, it reinforces fair competitive opportunities.

The construction industry had 264,000 job openings on the last day of February, according to an Associated Builders and Contractors analysis of data from the U.S. Bureau of Labor Statistics’ Job Openings and Labor Turnover Survey. JOLTS defines a job opening as any unfilled position for which an employer is actively recruiting.

Industry job openings increased by 22,000 last month but are down by 165,000 from the same time last year.

“Construction industry hiring continued to pick up in February, accelerating to the fastest rate since the first half of 2024,” said ABC Chief Economist Anirban Basu. “However, industrywide job openings remain subdued compared to this time last year. Still, there are signs that construction workers retain outsized leverage compared to their employers. Contractors remain reluctant to lay off workers, while construction workers quit their jobs at the fastest pace since last May.

“With contractors optimistic about expanding their staffing levels over the next six months, according to ABC’s Construction Confidence Index, the pace of hiring should continue to accelerate through the middle of 2025.”

National nonresidential construction spending increased 0.3% in February, according to an Associated Builders and Contractors analysis of U.S. Census Bureau data. On a seasonally adjusted annualized basis, nonresidential spending totaled $1.255 trillion.

Spending was up on a monthly basis in 9 of the 16 nonresidential subcategories. Private nonresidential spending increased 0.4%, while public nonresidential construction spending was up 0.2% in February.

“Nonresidential spending rebounded in February, rising to the highest level on record,” said ABC Chief Economist Anirban Basu. “A surge in highway and street spending accounted for more than 40% of the monthly increase, and public sector nonresidential spending is now up more than 6% on a year-over-year basis. Unfortunately, private sector spending has not kept pace and is up just 2.5% since last February, a rate of increase slower than economywide inflation.

“The mix of high interest rates, tight lending standards and unprecedented uncertainty regarding trade policy will continue to weigh on private sector construction in the coming months,” said Basu. “Despite these ongoing headwinds and the expectation that materials prices will rise as tariffs are implemented, contractors remain optimistic about their prospects over the next six months, according to ABC’s Construction Confidence Index.”